ASEAN must take stronger stance beyond Five-Point Consensus, Southeast Asian MPs say

ASEAN must take stronger stance beyond Five-Point Consensus, Southeast Asian MPs say

JAKARTA – On the two-year anniversary of the Five-Point Consensus, lawmakers from Southeast Asia call on ASEAN to acknowledge that the Consensus signed in April 2021 has failed miserably and that the Myanmar junta led by Senior General Min Aung Hlaing should not to be trusted to fulfill the obligations outlined in the proposed agreement. 

The recent airstrikes in the Sagaing region, which killed hundreds of civilians, including children, are further evidence that the Myanmar junta is completely unwilling and incapable  of adhering to the Five-Point Consensus,” ASEAN Parliamentarians for Human Rights (APHR) Chair and member of the Indonesian House of Representatives Mercy Barends said today. “If ASEAN insists on sticking to an agreement that has proven to be utterly ineffective then it is complicit in the ongoing crimes and atrocities of the junta.”

On April 24, 2021, the leaders of nine ASEAN member states and Myanmar junta chief, Senior General Min Aung Hlaing, agreed to the following five points: an immediate end to violence in the country; dialogue among all parties; the appointment of a special envoy; humanitarian assistance by ASEAN; and the special envoy’s visit to Myanmar to meet with all parties.

The International Parliamentary Inquiry into the global response to the Myanmar coup (IPI), which was organized by APHR, indicated in its final report in November 2022,  “it is clear that the FIve-Point Consensus has failed, and a new mode of engagement is needed in its place.” As one witness noted in their testimony to the IPI, from the start, it was “thoroughly clear that Min Aung Hlaing was insincere in signing it and had no intention of following it.”

The Consensus’ first point on the cessation of violence has been blatantly ignored by the junta, as evidenced by the ongoing airstrikes and malicious attacks against unarmed civilians. Meanwhile, ASEAN’s intention to provide humanitarian aid, as noted in the IPI report,  has been “stymied by a lack of resources and genuine commitment.” The ASEAN Special Envoy position has also proven to be ineffective, especially since it changes along with the ASEAN chair. 

ASEAN’s weak-willed approach toward the junta is a complete disgrace. Even after it finally criticized the junta’s airstrikes in Sagaing, the ASEAN Secretary-General still met with the junta’s permanent representative to ASEAN, making any statement of condemnation little more than lip service,” said APHR Co-chair and former Malaysian member of parliament Charles Santiago. “Indonesia’s ‘soft-diplomacy’ approach as ASEAN chair has also yet to yield results and must be urgently reevaluated. Indonesia must take a stronger stance and be transparent on how they are addressing the Myanmar crisis, especially given the limited amount of time left in their chairmanship.”

In a roundtable discussion at the Indonesian House of Representatives in Jakarta on March 3, dozens of parliamentarians from several Southeast Asian countries urged ASEAN and the international community at large to take swift and concrete action against the illegal military junta led by Senior General Min Aung Hlaing, and provide real assistance to the pro-democracy forces in Myanmar, including by recognizing the National Unity Government (NUG) and having open and public negotiations that include the NUG, ethnic groups, and other pro-democracy forces.

ASEAN needs to live up to its role as a regional mediator and it needs to do so immediately, starting with Indonesia as chair. Closed-door and informal meetings are no longer enough,” said Santiago. “It is clear that ASEAN needs to negotiate a new agreement that includes the National Unity Government and the representatives of ethnic minorities while providing clear enforcement mechanisms to ensure that the agreement is upheld.” 

Click here to read this statement in Thai.

Click here to read this statement in Indonesian.

Southeast Asian lawmakers condemn deportation of three members of Myanmar opposition forces by Thai authorities

Southeast Asian lawmakers condemn deportation of three members of Myanmar opposition forces by Thai authorities

JAKARTA – Parliamentarians from Southeast Asia strongly condemn the decision by the Thai authorities to hand-over three members of Myanmar opposition forces into the hands of junta allies, where they are likely to be tortured, or worse. ASEAN Parliamentarians for Human Rights (APHR) calls on the Thai government and the international community to ensure that such an incident does not happen again.

For far too long, the Thai authorities have been forcing asylum seekers and refugees back to Myanmar where they are at risk of persecution. This is a clear violation of  international human rights law, norms and principles,” APHR Chair and member of the Indonesian House of Representatives, Mercy Barends, said today.

According to information APHR received from local civil society organizations, on 1 April, three members of a Myanmar opposition group crossed into Thailand to seek medical treatment. On their way to Mae Sot, the three men were stopped at a checkpoint and taken into custody by Thai immigration. Then, on the morning of April 4, the Thai authorities handed them over to the Myanmar junta -allied Border Guard Force (BGF), despite efforts from opposition groups to negotiate a release. Witnesses say that BGF troops shot at the men after the handover. According to media reports, at least one of the men was killed. The fates of the other two remain unclear.

Despite sharing an extensive border of more than 2,400 kilometers  with Myanmar, the Thai government has not been welcoming to refugees who seek to escape the brutal violence of the Myanmar military. Human rights groups have repeatedly criticized Thailand for sending back those who cross the border.  Asylum seekers from Myanmar in Thailand also face a precarious situation, where they lack legal protection and risk being deported at any time.

Earlier this year, the Thai government officially adopted the UN Convention Against Torture, which states that “no government organizations or public officials shall expel, deport, or extradite a person to another country where there are substantial grounds for believing that the person would be in danger of torture, cruel, inhuman, or degrading treatment, or enforced disappearance.” Releasing these three men into the hands of the Myanmar junta, which has repeatedly arbitrarily arrested, tortured, and at times even extrajudicially executed dissidents,  is clearly in violation of this convention.

We urge the Thai government to allow those fleeing conflict in Myanmar to enter Thailand safely and to prioritize their protection. Thai authorities must immediately halt the deportation of citizens from Myanmar who face immense risks to their physical well-being in the hands of the junta,” said Barends.  “In light of the upcoming Thai elections, we also urge all Thai political parties and candidates to address human rights concerns on their platforms. Lastly, we call on ASEAN, ASEAN member states, and the international community to put pressure on Thailand to ensure that all people are treated with dignity and that their rights are respected and upheld. No person who faces persecution in the country they are fleeing should be detained and forcibly returned.

Southeast Asian MPs call on ASEAN to step up and help the Myanmar people in their struggle against the military junta

Southeast Asian MPs call on ASEAN to step up and help the Myanmar people in their struggle against the military junta

JAKARTA – Dozens of parliamentarians from several Southeast Asian countries urged the ASEAN and the international community at large to take swift and concrete action against the illegal military junta led by Senior General Min Aung Hlaing, and provide real assistance to the pro-democracy forces in Myanmar, following a roundtable discussion on the Myanmar crisis held today in Jakarta.

The discussion, which was part of ASEAN Parliamentarians for Human Rights’ (APHR) annual members’ forum, was held at the Indonesian House of Representatives and included parliamentarians and civil society organizations from Cambodia, Indonesia, Malaysia, the Philippines, Singapore, Thailand, Timor-Leste and Myanmar itself.

The crisis in Myanmar is causing a humanitarian catastrophe of gigantic proportions. The junta’s atrocities have displaced hundreds of thousands from their homes. Adding to previous displacements before the coup, the number of internally displaced persons in Myanmar now stands at more than a record 1.3 million. The sole responsible for this disaster is the junta led by Min Aung Hlaing, and it is high time that ASEAN stop treating it with kid gloves. Strong pressure to isolate the Myanmar military is more imperative and urgent than ever,” said Mercy Barends, member of the Indonesian House of Representatives and APHR Chair. 

According to the local organization Assistance Association for Political Prisoners (AAPP), over 16,000 political prisoners are currently jailed in abysmal conditions, and at least 3,075 people have been killed by the military since the coup, although AAPP believes that the number is likely many times higher.

These conditions also extend to parliamentarians in the country. According to APHR monitoring, 84 members of the national and sub-national parliaments remain in detention, facing not only the risk of torture in prison but also possible risk of execution following the executions of four pro-democracy activists, including former lawmaker Phyo Zeya Thaw. Most ousted parliamentarians continue their work in hiding and are at risk of detention or even death. Some have had their family members harassed and their properties seized by the junta.

“What is happening in Myanmar is an affront to humanity and we, as fellow humans, should take it seriously and not stand idly as the military continues to violate the human rights of the Myanmar people. We, Parliamentarians across Southeast Asia must work together in putting the country back into a path towards democracy. One of the first steps is to recognize the National Unity Government and the Committee Representing Pyidaungsu Hluttaw (CRPH) as the legitimately elected representatives of the people of Myanmar and involve them in any future negotiations,” said António de Sá Benevides, member of Parliament of Timor Leste and APHR Member.

The International Parliamentary Inquiry (IPI) into the global response to the crisis in Myanmar, which was organized by APHR in 2022, found that the global community has largely failed to provide the help that the people of Myanmar sorely need. ASEAN and the international community at large have hidden behind the Five Point Consensus, which the Myanmar junta has continually and blatantly flouted.

“As Chair of ASEAN this year, the biggest and most democratic country in the region, Indonesia has a duty to step up and tell the generals in Naypyidaw that enough is enough. After the failed approach of Cambodia last year, appeasing the generals and ignoring the pro-democracy movement, Jakarta should put significant pressure on the Myanmar military, and support the pro-democracy forces led by the NUG, if it is serious about solving the crisis,” said Charles Santiago, former member of the Malaysian Parliament, and APHR Co-Chair.

Click here to read this statement in Thai.

Southeast Asian MPs call Malaysian government to repeal repressive laws, protect parliamentarians and human rights defenders

Southeast Asian MPs call Malaysian government to repeal repressive laws, protect parliamentarians and human rights defenders

KUALA LUMPUR – Lawmakers from across Southeast Asia urged the new Malaysian government to show its commitment to human rights by repealing repressive laws that are too often used to criminalize government critics, including parliamentarians and human rights defenders.

As a long time member of the opposition, we hope that Prime Minister Anwar Ibrahim recognizes the dangers posed by overly broad and ambiguous legislation that can easily be used by those in power to target opposition politicians and human rights defenders,” ASEAN Parliamentarians for Human Rights (APHR) Chair and member of the Indonesian House of Representatives, Mercy Barends, said today at a press conference in Kuala Lumpur. 

Two laws are of particular concern: the 1948 Sedition Act and the 1988 Communication and Multimedia Act. The Sedition Act can carry a punishment of three to seven years in prison for vaguely worded offenses, including acting with “seditious tendency” against the government. The former Barisan National government used the law to harass and imprison critics, including human rights defenders, academics, journalists and lawyers. 

The Sedition Act has also frequently been used against opposition parliamentarians; in 2016, for example, People’s Justice Party MP and APHR member Tian Chua was sentenced to three months in prison and fined more than 400 USD after delivering a speech denouncing racism and corruption.

Meanwhile, section 233 of the Communication and Multimedia Act, which criminalizes online content that is “obscene, indecent, false, menacing or offensive in character”, is too vaguely worded and therefore prone to misuse.

“The new Malaysian government must live up its promises and prove its commitment to human rights by ensuring that parliamentary immunity and the right to freedom of expression for all parliamentarians are effectively upheld,” said Charles Santiago, APHR Co-Chair and former Malaysian member of parliament.

APHR Members from Indonesia and the Philippines visited Malaysia to extend their solidarity with its Co-Chair, Charles Santiago, who is facing a defamation lawsuit from influential and controversial preacher Zakir Naik.

We express our concern over this case because, albeit it was a civil case filed by an individual, it shows one of the main risks lawmakers throughout Southeast Asia face when speaking on issues that are of public concern,” said Barends.

The targeting of opposition MPs and human rights defenders through the use of draconian laws is unfortunately not limited to Malaysia. In Myanmar, the parliament remains suspended since the military coup in February 2021 that ousted the NLD elected government. Members of the national and sub-national parliaments remain in detention, facing not only the risk of torture in prison but also possible risk of execution following the executions of four pro-democracy activists, including a former lawmaker. Most ousted parliamentarians continue their work in hiding and are at risk of detention or even death. 

Parliamentarians should be able to carry out their mandate as the people’s representatives without fear of reprisals if they say the wrong thing or offend the wrong person,” said APHR member and Malaysian member of parliament Wong Chen.

Meanwhile in the Philippines, disinformation and red-tagging campaigns against opposition parties and lawmakers continue, and it intensified ahead of the national elections, leading to widespread online threats and violence against lawmakers and their supporters. 

Lawmakers who have criticized the government have also faced trumped-up and politically-motivated charges, including APHR Board Member Walden Bello, who faces cyber-libel charges, and Senator Leila De Lima, who has been unjustly detained since 2017 on absurd drug charges. Governments and parliaments throughout Southeast Asia, including Malaysia, should learn from the Philippines, and work to repeal repressive laws to ensure that this kind of persecution against lawmakers do not occur,” said Teddy Baguilat, Jr., APHR Board Member and former Philippines member of parliament.

Southeast Asian MPs condemn shutting down of independent media outlet in Cambodia ahead of general elections

Southeast Asian MPs condemn shutting down of independent media outlet in Cambodia ahead of general elections

JAKARTA — Parliamentarians from Southeast Asia condemn in the strongest terms the shutting down of  the last independent media outlet operating in Cambodia, Voice of Democracy (VOD), regarded as the voice of millions of Cambodians, by the regime of Prime Minister Hun Sen and call on the Cambodian government to respect and uphold freedom of the press, especially at this moment, with the upcoming general elections scheduled for July 2023.

According to media reports, last week VOD published a story stating that Hun Sen’s son, Hun Manet, had signed on behalf of his father an agreement to provide earthquake aid to Turkey, quoting a statement from government spokesperson Phay Siphan. 

Hun Sen alleges that the story was false and  hurt the “dignity and reputation” of the Cambodian government, as Hun Manet, who is deputy commander of the country’s military, does not have the authority to approve foreign aid. VOD has apologized for the mistake, but the Prime Minister ordered the Ministry of Information to cancel VOD’s license.

“Shutting down an independent media outlet due to a single perceived ‘mistake’ is a blatant violation of freedom of the press. This is unacceptable in any circumstance, even more so when elections are set to be held in a few months’ time. Cracking down on a media outlet like VOD at the first opportunity not only serves to silence it, but also anyone else who might consider writing anything critical of the government. How can there be free and fair elections under such a climate of fear and self-censorship?,” said Mercy Barends, Chairperson of ASEAN Parliamentarians for Human Rights (APHR) and member of the Indonesian House of Representatives.

The shutdown of VOD is the latest in a long series of steps that the Cambodian government has taken in recent years to suppress criticism against the government. In 2017 and 2018, two independent newspapers, The Cambodian Daily and The Phnom Penh Post, were closed and bought out, respectively, after being hit by exorbitant tax bills. The government has also used articles in the criminal code, as well as COVID-19 regulations, to prosecute journalists and social media users that question or criticize government policies.

Besides the press, the Hun Sen regime has also cracked down on its political opponents, by arbitrarily dissolving the main opposition party, the Cambodia National Rescue Party (CNRP), in 2017 and more recently by threatening legal action and physical violence against the country’s remaining opposition parties.

“Hun Sen’s flagrant flouting of democratic principles and civil rights cannot continue to be left unanswered. ASEAN, and the global community in general, must denounce these authoritarian tactics and demand that the Cambodian government uphold freedom of the press and freedom of expression in order to create a climate conducive to a free and fair election.  Until the government allows independent journalism to flourish in the country, releases all political prisoners, and allows opposition parties to express their political views without fear of reprisals, any elections held in Cambodia will be just a farce,” said Barends.

Southeast Asian MPs urge the Thai government to listen to hunger strikers, amend the lèse-majesté Law

Southeast Asian MPs urge the Thai government to listen to hunger strikers, amend the lèse-majesté Law

JAKARTA – Parliamentarians from all over Southeast Asia are urging the Thai government to listen to the demands of two young activists on hunger strike, and do everything they can to save their lives. ASEAN Parliamentarians for Human Rights (APHR) also would like to invite Members of the Thai Parliament and relevant authorities to open a debate on amending the draconian lèse-majesté Law, with which both activists have been charged.

Tantawan “Tawan” Tuatulanon and Orawan “Bam” Phupong, 21 and 23 years old respectively, started their hunger strike on 18 January to demand reforms in the Thai justice system, the release of political prisoners and the abolition, or reform, of some of the laws used against dissidents, including the lèse-majesté law. According to media reports, the two activists are extremely weak, and there is concern for their lives.

The two activists face charges of lèse-majeste for publicly holding a sign asking whether the motorcades of members of the royal family, that often entail road closures in Bangkok, create inconveniences for the public. Tantawan also faces a second charge for the contents of a livestream she conducted on Facebook.

“It is tragic that these two young women feel that they have to put their lives at risk to fight for their beliefs. Whatever one may think of their ideas, they should be allowed to express them freely, as it would happen in a truly democratic country, and not amidst a climate of repression that leads to such extreme ways to voice dissent. Right now, the first priority should be to save their lives, but it is also crucial to initiate a candid debate on their demands,” said Kasit Piromya, former Thai Foreign Minister, and APHR Board Member.

Article 112 of Thailand’s Penal Code states that, “whoever defames, insults, or threatens the King, the Queen, the Heir-apparent, or the Regent, shall be punished with imprisonment of three to fifteen years.” The Thai law of lèse-majesté, designed to defend and protect the revered monarchy, is one of the strictest in the world. It is often interpreted in a very loose manner and has been used widely in recent years as a weapon against political rivals. The main reason for this is that any Thai citizen can bring charges against anybody for allegedly violating Article 112.

A series of student protests broke the taboo on the monarchy in Thailand in 2020, demanding reforms on the institution, but they largely faded out in 2021, when the authorities began to crack down on protestors with accusations of lèse-majeste, as well as other offenses.

According to Thai Lawyers for Human Rights, at least 215 people in 234 cases were prosecuted under Article 112 between November 2020 and June 2022, including 17 minors. Of these lawsuits, at least 108 were filed by regular citizens, while the rest were filed by different Thai state institutions.

“There must be a law that protects the honor and safety of the Head of State, but it should comply with human rights standards. Article 112 prescribes an excessive punishment, and has been used all too often in a malicious way as a political weapon. Lawmakers in Thailand should look to reform the law. The penalties should be reduced, without a minimum sentence, and ordinary Thais should not be able to bring such charges; that only fosters witch-hunts. Only the Bureau of the Royal Household and the Public Prosecutor should be entitled to bring charges against those deemed to have defamed the king. A thorough revision of the lèse-majesté law will help to democratize Thailand, but will also benefit the monarchy itself, as an open debate of its role in modern Thailand is more necessary than ever,” said Kasit Piromya.

Click here to read this statement in Thai.